Chesapeake, Virginia — The man accused in the shooting death of a 60-year-old man playing Pokemon Go has been charged with murder.

21-year-old Jonathan Cromwell has been charged with second degree murder and use of a firearm in the commission of a murder. He faced a judge Friday morning. A preliminary hearing has been set for April 26th at 10 am.

Police said Cromwell turned himself in to authorities around 5 p.m. on Thursday.

Cromwell is charged for the death of Jiansheng Chen, according to the Commonwealth’s Attorney. Chen’s family attorney said he was playing Pokemon Go at the time of his death.

The incident happened at on January 26 at 11 p.m. near the River Walk Clubhouse.

The Commonwealth’s Attorney said Chen was driving a blue van and turned into the driveway of the clubhouse parking area. After seeing the van turn into the driveway Cromwell confronted Chen by stopping his vehicle in front of Chen’s.

Chen backed up and turned his vehicle around to the point that it was in the entrance of the driveway facing River Walk Parkway when he was shot.

The Commonwealth’s Attorney said Cromwell exited his car and did say “stop” before he fired his weapon.

Since Chen’s death communities have signed petitions and protested, asking that Cromwell be charged with murder.

Attorney Andrew Sacks said the security guard opened fire because he feared for his life.

Sacks said the security company has documentation to prove that Chen and other relatives of his were told on several occasions that they were barred from private property.